Texas Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Texas?

Per Section 481.112 of the Texas Statutes, possession with intent to distribute is an offense where a person purposely carries or manufactures a controlled substance listed under Penalty Group I of the Texas Controlled Substances Act in order to deliver it to another person. Marijuana is not classified under Penalty Group I, but it is a Schedule I controlled substance. The provisions of Section 481.120 of the Texas Statutes prohibit the intentional distribution of cannabis products in the state. The penalty for such an act depends on the amount of cannabis distributed and whether or not an offender receives remuneration for delivering marijuana to others.

Marijuana possession offenses are different from possession with intent to distribute offenses. In Texas, if a person is caught carrying marijuana, they may be charged for marijuana possession in line with the provisions of Section 481.121 of the Texas Statutes. Marijuana ''possession'' charges may change to ''possession with intent to distribute'' charges if prosecutors can prove that offenders intended to distribute cannabis products found on them.

Can You Enter a Dispensary at 18 in Texas?

Yes. The Texas Compassionate Use Act (Senate Bill 339) legalized the medical use of marijuana in the state and made provisions for the establishment of medical marijuana dispensaries. Registered medical cannabis patients 18 years or older can legally enter marijuana dispensaries in Texas and obtain cannabis products. There are no legitimate recreational cannabis dispensaries in the state because the Texas Controlled Substance Act prohibits the possession or sale of marijuana.

Can You Enter a Dispensary Without a Card in Texas?

Medical marijuana patients registered under the Compassionate Use Registry of Texas (CURT) are not issued physical copies of medical marijuana identification cards. So, they are not required to present medical marijuana ID cards before getting their prescriptions at dispensaries. However, Texas medical marijuana patients must show valid government-issued photo identification at dispensaries.

What Are the Penalties for Possession With Intent To Distribute First Offense in Texas?

The penalties for possession of marijuana with intent to distribute in Texas are the same for first-time and repeat offenders. The punishments depend on the amount of marijuana recovered from an offender. As stipulated in Section 481.120 of the Texas Controlled Substances Act, a person caught in possession of marijuana with intent to distribute risks:

  • Class A misdemeanor punishment (one-year maximum jail term, $4,000 fine, or both) if the quantity of cannabis distributed equals 0.25 ounces or less and the offender receives remuneration for the marijuana
  • Class B misdemeanor punishment (180-day maximum jail term, $2,000 fine, or both) if the amount of marijuana product distributed does not exceed 0.25 ounces and they do not receive remuneration for the product
  • State jail felony punishment (between 180 days to two years imprisonment and $10,000 maximum fine) if the amount of marijuana distributed is over 0.25 ounces but less than five pounds
  • Second-degree felony punishment ( two to 20-year jail term and $10,000 maximum fine) if the quantity of marijuana recovered from them is between 5 to 50 pounds
  • First-degree felony punishment (between five to 99 years imprisonment and $10,000 maximum fine) if the amount of marijuana distributed is between 50 to 2,000 pounds
  • Ten to 99 years imprisonment and a $100,000 maximum fine if the amount of cannabis distributed exceeds 2,000 pounds

The Texas penalties for marijuana possession with intent to distribute are similar to the penalties at the federal level. According to the provisions of Title 21, Section 841 of the United States Code, the punishment for carrying 1,000 kilograms or more of marijuana (over 2,000 pounds of cannabis) with intent to distribute is a prison sentence of 10 years to life. Offenders could also face $10,000,000 fines or both fines and jail terms.

Is It Legal To Sell Weed in Texas?

Yes. Although Section 481.120 of the Texas Statutes states that it is illegal to intentionally transfer marijuana to another person for remuneration, medical marijuana dispensaries can legally sell cannabis products to registered patients. Selling marijuana products for recreational use is prohibited in Texas. The potential penalty for transferring marijuana illegally depends on the quantity.

How To Sell to Dispensaries in Texas?

Marijuana sale to dispensaries is a lucrative business with significant financial benefits. However, Texas law prohibits the sale of marijuana for recreational purposes, so there are no legitimate dispensaries that can purchase cannabis from individuals or businesses in the state. The Texas Compassionate Use Act permits licensed dispensing organizations to sell cannabis to registered medical marijuana patients in the state. Dispensing organizations are required to cultivate and process their own marijuana supplies.

How To Get a Distribution License in Texas

Marijuana distribution licenses allow businesses and individuals to sell and transport cannabis products to dispensaries. There is no provision for marijuana distribution under Texas law, and as such, state residents cannot obtain marijuana distribution licenses.